Ghose, J

1. THIS appeal is directed against an order and/or judgment dated 3rd August, 2006 passed by the learned Single Judge.

2. ON 13th February, 1998 the petitioner joined as a Group-D employee in the Calcutta Telephones. The Department of Telecommunications was amalgamated/merged into BSNL with effect from 1st October, 2000. The writ petitioner was absorbed in BSNL on 1st October, 2000. Applications were invited to promote eligible Group- D employees in the cadre of Telecom Mechanic (Group- C) by the respondents (the appellant herein) on 18th March, 1999.

The case of the writ petitioner in the writ petition being W.P. No. 16252(W) of 2005 that he was qualified on 1 st May, 1999 in the screening test for recruitment to the cadre of a Telecom Mechanic from his original Group- D post. Thereafter, on 1st February, 2000, the Government of India, Ministry of Communications, Department of Tele-communications, Office of the Chief General Manager, Calcutta Telephones published "eligible" list of "selected Telecom Mechanics" who had qualified from Group-D. The name of the petitioner was included in the said list. It further appears that the writ petitioner specifically pleaded i